A04662 Summary:

SAME ASNo same as
Add S2616, Ins L; add Art 2 Title 6 SS264 - 266, Pub Health L
For one year, it prohibits insurance companies from denying or cancelling life and disability coverage based upon genetic information about an insured or a family member of the insured; prohibits them from requesting genetic information about an insured or family member of an insured.
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A04662 Actions:

02/05/2007referred to insurance
01/09/2008referred to insurance
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A04662 Text:

                STATE OF NEW YORK
                               2007-2008 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2007
        Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
          tee on Insurance
        AN ACT to amend the insurance law, in relation to prohibiting  discrimi-
          nation  based upon genetic characteristics; to amend the public health
          law, in relation to genetic testing; and providing for the  repeal  of
          such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. Currently life and disability  insurers
     2  claim  they  do  not require the results of genetic tests in determining
     3  actuarial data, which, in turn, determines a person's  insurance  rates.
     4  Life  and disability insurers therefore, should not be opposed to insti-
     5  tuting a one-year moratorium on the use of genetic tests until extensive
     6  research is conducted on just how much  a  person's  genetic  character-
     7  istics  actually  determine  his  or  her rate of mortality. At the very
     8  least, an independent panel consisting of members of the  department  of
     9  health should be developed that would be responsible for the approval of
    10  the  use of genetic tests, based on insurance company documentation that
    11  such tests are highly predictive.

    12    § 2. The insurance law is amended by adding a new section 2616 to read
    13  as follows:
    14    § 2616. Eligibility for  life  and  disability  insurance  based  upon
    15  genetic testing. (a) No policy of life or disability insurance, or group
    16  life  or  disability  insurance  or renewals thereof, shall be denied or
    17  canceled by the insurer, or the terms  and  conditions  of  such  policy
    18  altered  by  the  insurer,  solely  on  the basis of any genetic testing
    19  performed on the insured or applicant, or a family member of the insured
    20  or applicant.
    21    (b) For the purposes of this section, "genetic testing" shall have the
    22  same meaning as defined in section seventy-nine-l of  the  civil  rights
    23  law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4662                             2
     1    §  3.  Article  2  of the public health law is amended by adding a new
     2  title 6 to read as follows:
     3                                    TITLE 6
     4                               GENETIC TESTING
     5  Section 264. Independent genetic panel.
     6          265. Moratorium on genetic testing; exemptions.
     7          266. Reports.
     8    §  264. Independent genetic panel. 1. Within ninety days of the effec-
     9  tive date of this section, the commissioner shall appoint an independent

    10  panel of geneticists, ethicists, medical  doctors,  and  consumers,  who
    11  will,  upon  submission by insurance companies or their representatives,
    12  review proposed use of specific  genetic  tests  and  determine  whether
    13  their  level  of predictability is sufficient to permit use by insurance
    14  companies for the purposes of rate setting.
    15    2. The panel shall consist of eleven members, three of which shall  be
    16  geneticists,  two  of  which  shall  be ethicists, two of which shall be
    17  medical doctors, and four of which shall be consumers.
    18    3. The members of the panel shall not  receive  any  compensation  for
    19  their  position  on  the  panel, but shall be reimbursed for any actual,
    20  necessary expenses incurred in the course of performing panel business.

    21    § 265. Moratorium on genetic testing; exemptions. 1. There  is  hereby
    22  imposed  a moratorium on the use of genetic testing results in determin-
    23  ing the rates set by life and disability insurance companies. The  mora-
    24  torium  shall remain in place until and including December thirty-first,
    25  two thousand eight.
    26    2. Exemptions. Within ninety  days  of  the  effective  date  of  this
    27  section,  the  department  shall  issue a list of genetic tests that are
    28  exempt from the moratorium imposed in subdivision one of  this  section.
    29  Only  those  genetic  tests with a successful prediction rate of ninety-
    30  five percent or higher shall be included among the list of exempt genet-
    31  ic tests.

    32    § 266. Reports. The independent genetic panel shall submit a report to
    33  the governor, the temporary president of the senate, and the speaker  of
    34  the  assembly  by  May  fifteenth,  two thousand eight identifying those
    35  genetic tests that ought be exempted from the moratorium and its  recom-
    36  mendation  for  the  need to extend the moratorium imposed under section
    37  two hundred sixty-five of this article. Based upon the recommendation of
    38  the independent genetic panel the department of health  shall  have  the
    39  authority  to  add  genetic tests to the list of those exempted from the
    40  moratorium.
    41    § 4. This act shall take effect immediately and shall  expire  and  be
    42  deemed repealed one year after such effective date.
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